Section R277-469-10 - Agreements and Procedures for Publishers(1) A publisher desiring to sell primary instructional materials to Utah school districts shall comply with the requirements of Section 53E-4-408 and this rule.(2)(a) A publisher seeking to sell recommended materials to Utah schools or school districts shall maintain on deposit the number of books necessary to meet the anticipated needs within the state at an instructional materials depository in the business of selling instructional materials to schools or school districts in Utah.(b) A publisher shall submit verification of compliance with Subsection (2)(a) to the Superintendent through the publisher's contracted depository before the Superintendent posting a review of the materials on RIMs.(3) A publisher may make a depository agreement with one or more depository.(4) Notwithstanding Subsection (2), a publisher may sell instructional materials to schools or school districts in Utah directly or through means other than a designated depository.(5) A publisher need not store digital and online resources within the state, but shall guarantee timely resource availability of a placed order and shall provide digital and online resource orders without shipping charges.(6) If a revised edition of recommended materials retains the original title and authorship, the publisher may request its substitution for the edition currently recommended providing that: (a) the original contract price and contract date do not change and the original contract price applies for the substituted materials;(b) the revised edition is compatible with the earlier edition, permitting use of either or both in the same classroom;(c) a sample copy of the revised edition is provided to the Superintendent for examination purposes; and(d) the publisher submits a revised electronic edition in NIMAS file format to the NIMAC if the Superintendent approves the substitution request.(7) The Superintendent shall make the final determination about the substitution of a new edition for a previously recommended edition.(8) A publisher's contract price for materials recommended by the Superintendent and the Board shall apply for five years from the contract date.Utah Admin. Code R277-469-10
Amended by Utah State Bulletin Number 2018-3, effective 1/9/2018Amended by Utah State Bulletin Number 2022-22, effective 11/7/2022Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023Amended by Utah State Bulletin Number 2023-21, effective 10/11/2023Amended by Utah State Bulletin Number 2024-14, effective 7/9/2024